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Trump and the USA’s failure, part 2: effective law and distributed power

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I have established the republic. But today it is not clear whether the form of government is a republic, a dictatorship, or personal rule.

Mustafa Kemal Ataturk

Australia’s House of Reps – politics as a team sport – mostly!

Australia has a Constitution, and so does Britain, but we don’t talk about them much – they don’t loom so large over the political system. The Westminster system doesn’t have an impeachment process, for the obvious reason that it is surplus to requirements. Due to its being a political process, impeachment is an unmitigated disaster.

So what happens, under the Westminster system, if a Prime Minister ‘goes rogue’ and either breaks the law or conducts herself in a manner contrary to the nation’s interest?

Well we need to step back a little to answer this question, because, under the US system, an elected President can be a rogue from the start. Trump is a clear case in point. Trump was, of course, far from being regarded as kosher by the Republican powers-that-be when he first suggested himself as a Presidential candidate, so he took his Barnum & Bailey campaign directly to the public, and in doing so highlighted the central problem of democracy, recognised two and a half thousand years ago, by Plato and Aristotle, who were unabashed anti-democratic elitists. The problem being, of course, demagoguery or populism – the notion that the public can be easily swayed by a candidate who promises everything and delivers nothing. The fact that this remains the most central problem of democracy surely says something about humanity in general – something that we may not be able to fix, but which we need to be on our guard against. Democracy is in fact a seriously flawed system – but far better than any other political system we’ve devised to regulate our seriously flawed human nature.

Under the Westminster system it’s far more difficult (though perhaps not impossible) for a ‘rogue from the beginning’ to reach the top of the political tree, because Prime Ministers aren’t directly elected. In fact the Westminster system has no correlate to the US presidential system, its general elections being much more correlated to the US mid-terms. This means, in effect, that under the Westminster system there is one set of general elections to two under the US system. Having two sets of general elections every four years seems a little over-indulgent. It means that you’re always preparing for or recovering from some election or other, and I’m not convinced that this is a good thing for your political health or your economy. And if you were ever to consider dispensing with one of those two sets of elections, clearly the Presidential elections should be the one to go.

Of course, this is sacrilege. Americans are obsessed with their Presidents – they even remember them as numbers – it’s bizarre. But it’s part-and-parcel, of course, with US individualism. It’s not surprising that the superhero is largely a US phenomenon. Many of your worst movies feature a Rambo or Indiana Jones-like character who single-handedly wins out over the baddies, often against a background of official incompetence or corruption. Think again of Trump’s OTT drain-the-swamp campaign rhetoric. And speaking of OTT, let’s not forget the carnivalesque razzamatazz of US Presidential elections, and the oodles of money that candidates are expected to raise, for no reasonable reason as far as I can see.

So, bearing all this in mind, let’s compare the situation and the job description of a Westminster-style Prime Minister with a US President.

Generally the Prime Minister is already an elected member of a party (either of the left or the right) and is chosen by parliamentary members of that party to be leader – much like a captain of a soccer team is already a player in the team and has proven herself to be experienced and knowledgable about playing the game and getting results. She has, in other words, earned the respect of her fellows. The Prime Minister works alongside her fellows, and under the scrutiny of her opponents, in the parliament. The President, on the other hand, is completely separate from parliament and surrounded by his own hand-picked team of very powerful courtiers, who need not have had any previous political experience.

The Prime Minister is able to choose her own cabinet, but only, of course, from elected members of parliament. All cabinet ministers, and indeed all MPs, are under continual scrutiny from other members of the House or the Senate. If the Prime Minister herself (or any other minister) is thought to be ‘going rogue’ or underperforming, she can be subjected to a no-confidence or censure motion in the House – requiring a simple majority. These have sometimes been successful, resulting in a change of Prime Minister between federal elections. While traumatic, such changes of leadership have nowhere near the impact that a change of President would have, since under the Westminster system the power is far more distributed, the team is far more important than its captain. The ‘great man’ Presidential system is such, however, that the only feasible way of dumping a President is by impeachment – an overly elaborate and highly political procedure that is almost designed to inflict trauma upon the populace.

There is, of course, no provision for impeachment in the Westminster system, and there has never been any need for such a process. A Prime Minister can, of course, be dumped for any number of reasons – most of which fall very far short of high crimes and misdemeanours. However, if a Prime Minister does go that far, she would be dealt with by law. There’s no suggestion under the Westminster system that a Prime Minister or any other minister or government official, would be immune from prosecution while in office. To me, the idea is totally absurd, for it seems far more reasonable that the precise opposite should be the case – that a country’s leader should be held to a higher legal standard than any other citizen. In other words, with great power comes greater legal responsibility, as a matter of course. Any political system that operates otherwise is simply rotten at its very core. It follows that the nation’s body of law, not the constitution, should govern the behaviour of those holding high office in government. For example, gaining a financial benefit from holding high office, other than the official salary and benefits that accrue to that office, should be illegal and cause for immediate dismissal in the most straightforward way. Contravening campaign finance laws should also be dealt with severely and immediately. If this causes a crisis in government, then clearly the system of government needs to be reformed, not the law. The constitution is at best a quasi-legal document, a laying out of the political system and the roles of its component parts. As an eighteenth century document, it can’t possibly be expected to cover the legal responsibilities of 21st century office-holders. That’s the vital role of a living, constantly adjusting body of law, to keep up with the legal responsibilities of a constantly modernising and complexifying political and business sector.

But let me return to the situation of Presidents, and candidates for the Presidency, since it’s unlikely that the US is going to give up on that institution.

You’ve learned the hard way that a rogue from the outset can bypass the traditional party system and win enough popular vote – with the help of a foreign nation – to become the leader of the most militarily and economically powerful nation on earth, despite having no political experience, no understanding of his nation’s history, no understanding of the geopolitical framework within which his nation operates, and no understanding of or interest in the global issues that all nations need to work together to solve. In other words, you’ve learned the hard way that anyone can indeed become your President, no matter how unsuited they are to the position. So how do you stop this from ever happening again?

Well if you insist on maintaining a system which ultimately pits one superhero against another, then you need I’m afraid, to admit to a serious but really rather obvious deficiency of democracy – the attraction of the demagogue (and I leave aside here the inherent problems of a state in which so many people can be hoodwinked). You need to vet all Presidential candidates with a set of questions and problems pertaining to both character and knowledge. Character questions wouldn’t be just of the type “What would you do if…” or ‘Do you think it is right to…’, questions that a sociopathic personality can always find the ‘successful’ answer to (though it’s doubtful that Trump could). They should be in the form of complex moral dilemmas that experimental psychologists have been adept at formulating over the years, requiring essay-type responses. The knowledge questions, by comparison, would be straightforward enough. Such tests should be assessed by professional diplomats and psychologists. This vetting, of course, cuts across the democratic process with a measure of ‘adults in the room’ intellectual, emotional and ethical elitism. Because of course you need a member of the intellectual and ethical elite to hold such a high office.

You might argue that Prime Ministers aren’t formally vetted, and that’s strictly true, but there’s at least an informal vetting system in that leaders have generally to climb from the ranks by impressing colleagues with their communication skills, their understanding of policy, their work ethic and so forth. It’s also the case that Prime Ministers have far less power than US Presidents – who have pardoning powers, special executive powers, power to shut down the government, veto powers, power to select unelected individuals to a range of high offices, power to appoint people to high judicial office and so forth. It’s hardly any wonder that characters like Trump are frustrated that they can’t take the next few steps towards total dictatorship. It’s interesting that I’ve recently heard a number of US pundits saying out loud ‘this isn’t a dictatorship’, as if they need to remind themselves of this fact!

Many will scoff at all this gratuitous advice. But you currently have a self-styled ‘very stable genius’ – a boorish, blustering, bullying, belly-aching buffoon in fact – in barricaded isolation in your White House and due to the multi-faceted failings of your politico-legal system, you can’t get rid of him as easily as you obviously should be able to, and I honestly feel that things will get much much worse before you do get rid of him. You can’t blame Trump for this – he has been exactly the same person for over 60 years. The fault lies with your system. If you don’t change it, you’ll never be able to regain the respect of the rest of the democratic world.

Written by stewart henderson

October 7, 2019 at 1:21 pm

Trump and the USA’s failure, part 1 – some modern history regarding two democratic systems

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It is error only, and not truth, that shrinks from inquiry. Thomas Paine

So Australia’s getting a tiny mention now in the Trump debacle, as he and his henchmen try desperately to find dirt on Mueller, Biden, anyone they can divert attention to as this iniquitous regime stumbles towards its own doom.
So it seems to me an opportune time to reiterate and expand upon some of my views about the US political and social system which led to this pass.

First, a bit of a history of modern democracy and a corrective, to some of the views I’ve regularly heard on MSNBC and CNN as the journos and other pundits wring their hands over how the mighty have fallen. It seems accepted wisdom in the USA that their country is the leader of the democratic world, the potential bringer of democracy to the unenlightened, the light on the hill, the world’s moral police officer, the first and best of the world’s free nations. And its beginnings are often cited in the War of Independence against a tyrant king. So how could a nation, which owes its very existence to a revolt against tyranny, succumb to the blusterings, badgerings and bullying of this tyrant-child in their midst?

Well, let’s look at this story.  Britain did indeed tyrannise its colony. But let’s take note of some facts. George III was a constitutional monarch. Lord North was Britain’s Prime Minister during the war of independence. A century and a half before the War of Independence, Britain beheaded its king for being a tyrant. It was then ruled for a time by the Long Parliament, and then the Rump Parliament, before Oliver Cromwell was made Lord Protector of the Realm. These were some of the first none too successful steps towards a modern democracy. Baby steps. Two steps forward, one step back you might say. It didn’t work out so well, and the monarchy was restored in 1660, under the proviso that there would be some parliamentary representation. Then in the 1680s another king was forced out of the country, again for being a tyrant, and trying to convert the nation to Catholicism. This Glorious Revolution, as it was called, brought another branch of the royal family in from overseas, and William and Mary Stuart were presented with the crown, and the first constitutional monarchy was formed – though of course Magna Carta had earlier brought about the first limitations to royal authority, and there were more limitations to come in the future. Again, baby steps away from tyranny and towards democracy. A Bill of Rights was introduced in 1689, much of it based on the ideas of the political philosopher John Locke whose work also influenced the American constitution. 

So, America’s War of Independence was a war against tyranny, I grant that, but the tyrant was more a nation, or a government, than a king – though George III was certainly tyrannical in his attitude to the colonies. Britain, at the time, and for a long time afterwards, was a very powerful nation. And – guess what – powerful nations are always bullies. Always. That’s a universal. Imperial Britain was always a bully to its neighbours, and to less powerful nations that it could benefit from exploiting. The USA in more recent times, has been the same, as has China, Russia (or the USSR) and powerful empires of the past, Roman, Babylonian, Egyptian Assyrian, etc. It doesn’t matter their internal politics – they’re always bullies on the international stage. That’s why more powerful international agencies are needed and are just beginning to arise.

So getting back to democracy – the first US Presidential election was an odd one, as there was only one candidate – Washington. There were no parties, and very few states, and even then only about 7% of the adult population of those few states were considered eligible to vote, based on the possession of property (and of course skin colour, and gender). So, one of the bigger baby steps towards democracy, perhaps, but still another baby step. Of course, parliamentary membership in Britain at the time was subject to a vote, but also with a very limited franchise. 

So The USA significantly contributed to modern democracy, without a doubt, but the whole democratic movement proceeded by baby steps worldwide. For example, it’s surely unarguable that no nation or state could consider itself an effective democracy until it gave women – half the effing population! – the vote, and the USA was far from the first nation to do so. In fact the first state of any kind to do so was New Zealand in 1893, followed by the colony of South Australia – my home, from which I’m writing – in 1894. The USA didn’t grant the vote to women until 1920. 

So enough about democracy for now, but one reason I brought this up was to sort of complain a bit about American jingoism. You’re a really flag-waving, breast-beating country, and you tend to go on about patriotism as some kind of fundamental value. I say you because, though I have precious few readers, by far the majority of them come from the US, according to my WordPress data. Now, this kind of jingoism doesn’t allow for too much healthy self -analysis and critical distance. You need to get out more. I live in Australia, I was born in Scotland, so I’m a dual citizen of the UK and Australia, but I barely have a nationalistic cell in my body. I’ve never waved a flag in my life, never sung a national anthem. Nowadays I call myself a humanist, but I really came to that idea much later – my kind of visceral discomfort and dislike of nationalism goes back to my childhood, I can’t easily explain it, and any explanation would be post-hoc rationalism. I’m happy in any case that my humanism chimes with modern times, as we live in a more global and integrated world than ever before, but I do recognise that nations are still necessary and useful, and that global government will probably always remain an Einsteinian pipe-dream.

In any case, I feel lucky that I’ve spent most of my life here in Australia. The Organisation of Economic Cooperation and Development (OECD) is a group of 35-40 countries, the most developed economies in the world – the world’s richest countries by GDP. Every year for several years now, they’ve rated the member countries on a ‘Better Life Index’ based on 11 different criteria, such as health, income, safety, job opportunities and so on. Basically, a rating of the best countries in the world to live in. A new rating has just come out, and Australia ranks at number two, up from number three last year, but down from number one the year before, and the year before that. So lucky me, though I have plenty of criticisms about the way this country is going. So how does the USA rate? Well, it’s never been number one, or two, or three or four or five or six, and I could go on – which isn’t to say it’s anywhere near the bottom. But could this just be anti-American bias from the OECD? Well, in a sense yes, because I suspect they’re biased towards nations or states that look after their citizens – where there’s more of a sense of communal values. They measure categories such as ‘civic engagement’, ‘community’, ‘environment’ and ‘work-life balance’, categories which step a little beyond individual rights and freedoms – and I think that’s a good thing.

So here’s how I see the problem. The USA seems a little overly obsessed with the individual, and that seems to put it a little out on the libertarian end of the spectrum that stretches from libertarians to communists. I’d argue that there’s never been any instantiation of a communist state or a libertarian non-state – and in a democracy, which is by its nature a bottom-up sort of system, which has to cater for a wide range of views about government, you should always expect to be swinging mildly in the centre between these extremes. But America’s focus on individual freedoms and the great individual leader was evident from the outset, with the way it set up its federal political system. My plan here is to compare it to the Westminster system which I know quite well, and which has sort of evolved slowly rather than being set in stone by an all-powerful 18th century constitution.

Under the Westminster system there’s no directly elected President. Of course, that system did begin with a great individual power, the unelected, hereditary monarch, who, in the time of the USA’s founding and the drawing up of its constitution, was a lot more powerful than today’s monarch. So it seems to have been the thinking of the founding fathers that you could have this powerful figure but he could be elected. And I do say ‘he’ because, be honest, there’s nothing in the thinking of the founding fathers to suggest that they would ever have contemplated a female President. So, remembering that many of the ideas of the founding fathers actually came from Britain, through the likes of John Locke and Tom Paine, their idea seemed to be something like a constitutional President, elected rather than blue-blooded, and hedged around by a parliament that was more constitutionally powerful than the parliament of the time back in the old ‘mother country’. And by the way, it slightly irritates me that there’s this lexical difference for the legislature in the USA versus Britain/Australia, i.e congress/parliament. They’re really the same thing and I wish they had the same name. From now on I’ll use the term ‘parliament’ to refer to the legislative branch under both systems.

So, it seems – and I’m by no means an expert on the US constitution – that the constitution was drawn up to create a kind of balance of power between three branches of law and government – the legislative, the executive and the judiciary. And this would have been quite revolutionary and progressive in its time, some two hundred odd years ago. In fact, the founding fathers may have seen it as so progressive and all-encompassing that the term ‘eternal’ might have been whispered about, like the eternal values of life, liberty and the pursuit of happiness. And so they may have suffered from that natural pride which assumed that the constitution ought not to be altered without difficulty, and so the USA has largely been stuck with it. And I should point out – because it strikes non-Americans as a bit weird – that Americans seem a bit overly obsessed with their constitution.

Okay, so I’ll leave it there for now. Next time I’ll focus a bit more on the Westminster system, and a comparison between Prime Ministers and Presidents.

Written by stewart henderson

October 4, 2019 at 1:20 pm

Newstart problems

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Australia has been described as a/the ‘lucky country’, and considering that we’re thrown into the world, with no choice as to parentage, genetic inheritance, social environment or time period (or species, for that matter), it’s pretty clear that being born or brought up in Australia in the second half of the twentieth century constitutes a lucky deal for most. I’ve recently been reading, with a deal of squeamish reluctance at times, stories and histories of the struggles and sufferings of today’s Palestinians, either under Israeli authority or in impoverished and humiliated exile, which has further emphasised for me my sense of my own luck in the dice-throw of life.

But of course there are problems and inequities here too. I haven’t written much about Aussie domestic issues, having been strangely mesmerised by the Trump train-wreck and other exotica. Australia seems boringly stable by comparison, though somewhat influenced by the conservative, isolationist turn taken by advanced and not-so-advanced nations elsewhere. Certainly our current conservative government has succeeded in maintaining power, much like governments elsewhere, by doing virtually nothing. No energy policy, no healthcare policy, no education policy, no attempt to deal with the long-term refugee situation offshore, no employment policy, and of course as little taxation as can be gotten away with. This is what they describe as ‘responsible government’ – don’t do anything which will draw attention let alone criticism. The best governments should be invisible, not to say inert – for, as Reagan more or less said, government is always the problem, never the solution.

Which brings me to the subject of this post – employment, unemployment and Newstart, the interestingly named allowance given to jobseekers under Australia’s welfare system. Our country’s principal advocacy agency for the poor, the Australian Council of Social Service (ACOSS) has been campaigning for some time to ‘raise the rate’ of Newstart, which currently sits at around $39 a day, a figure which, it says, hasn’t changed in 25 years. The question of raising the rate became a hot issue in the recent federal election, with Labor making noises about the poverty trap problem, but failing to commit to any changes. Only the sadly unelectable Greens had a policy, promising to almost double the rate to $75 a day. All of this amid claims that various policies and strategies are aimed at maintaining a pool of unemployed at a certain rate that’s beneficial to the overall economy. Of course the cost of unemployment to government is related both to the amount paid and the number of unemployed. The unemployment rate is always a dodgy measure, as people can be employed part-time, or voluntarily, or simply doing questionably useful things like writing blogs… We don’t look at the unemployment rate of birds, or sharks, but we can be sure there aren’t too many of them wasting time tweeting inanities and cheating at golf…

It’s also been pointed out regularly enough that, if unemployed people aren’t contributing by making lovely foamy shapes on our daily lattes, or adding to the rate of diabetes and diet-induced heart conditions, they’re at least contributing to the economy by spending their dole on whatever’s needful for their survival. And if they were given a little more – as, say, advocates of a universal basic wage would have it – the flow-through would arguably be even more helpful.

Whatever the definition of ‘unemployed’ might be, it hasn’t changed here for some time, so the rate can be reliably compared to previous months, years and decades. It currently sits at 5.2% and hasn’t changed much over the past year or more, but it seems the underemployment rate is on the rise, and advertising for jobs is dropping. There’s also been a gradual trend in rising unemployment and underemployment among older people, and this is a feature of particular interest to me. There are mutual obligation requirements for everyone on Newstart, though they’re different for those between 55 and 59, and they change again for those 60 and over, though it’s not easy to work out the details from Centrelink’s website.

If you’re registered with the Department of Human Services online portal, MyGov, you can find out what a person’s commitments are for obtaining a Newstart allowance. For a start you have to agree to and sign a Job Plan, overseen by a service provider. For older clients, the person engaged in this supervision is often young enough to be their daughter – or grand-daughter if you’re lucky/unlucky. As part of this Job Plan, you need to have looked for 20 or 30 jobs in the previous month to continue getting benefits, and to show proof of this to your provider. I believe the number is actually 20, though I know of one person over 60 who was asked to do 30 a month, and when he asked about voluntary work he was told that was all fine, but he still had to fulfil the obligation of applying or inquiring about 30 paid jobs per month. Possibly he was informed incorrectly, but it’s an indication of the kind of thoughtless humiliation some older jobseekers are put through. The undervaluing of voluntary work is, of course, a common theme in modern post-industrial society. The current government, for example, in resisting any increase to the Newstart allowance, insists in interview after interview that Newstart should always be seen as a temporary payment, a bridge to paid employment – no matter the age of the recipient. It seems that talk of voluntary work as a value in this area is strictly forbidden.

Unemployment is often seen as primarily a youth problem, but an ACOSS report from September last year states that only 17% of Newstart and Youth Allowance recipients are under 25, while 43% are over 45, with that older percentile growing. Changing work practices and automisation are likely to exacerbate this trend. Government spokespeople, including ministers, continually argue that there is plenty of work available, as long as people are prepared to move, but this is hardly an appealing option for older people, whose social and family lives have become, over time, connected to a particular region. Politicians often spruik about a flexible, mobile workforce, but there’s a clear clash between hyper-mobility and building and maintaining communities.

There is also the question of whether politicians are sincere in claiming that they want full employment – whether it has ever been a target to aim for. There is apparently a theory popular among economists that if the unemployment rate drops below about 5%, the lack of labour supply will give workers more bargaining power in terms of wages and conditions, to the ‘detriment’ of employers – the favoured sector of conservative governments. It’s notable that the current federal government has recently started a new round of union-bashing. So it’s quite plausible that these conservatives are playing a double game here – blaming the unemployed for their predicament while seeking to maintain a sufficient pool of unemployed to stifle wages growth. Wages have certainly been stagnant here for some time (especially for low wage earners – see the graph above), while CEO salaries continue on an upward spiral. It’s worth noting, however, that the RBA is talking about the need for ‘spare capacity’ reduction in the marketplace, which would be assisted by a reduced unemployment rate. Such reduction would bring higher levels of growth to what is currently a sluggish market with a 1.3% inflation rate.

Meanwhile, there are many other issues with Newstart. DHS administrative data from two years ago revealed that some 25% of recipients had a significant disability. Most of these disabilities were physical but unsurprisingly depression, anxiety and hypertension were reported as common problems among the unemployed and underemployed. It’s unlikely that many of these people could afford adequate treatment. Young people on the payment are struggling with rents and utilities while trying to live on part-time, unreliable jobs. Pay rates in vital but under-funded and under-respected jobs in aged care, for example, are inadequate – and often the work is too demanding as a full-time occupation. There appear to be problems with inadequate and poorly targeted training courses that young people – and some older people – are shunted into in order to meet their obligations. Then there’s the problem with Centrelink’s automated communications system – a cost-saving measure that’s causing plenty of headaches for recipients. I won’t go into detail here, but it’s certainly getting harder to talk to real people if you’re unemployed, with all the automated messages you’re bombarded with – many of them providing misleading or incorrect information – being marked ‘no reply’. It all adds to the humiliation of the experience, to the sense that you’re not being dealt with as a real person. The estimated cost-saving to the government of this increased automation – some $2 billion – will help to make up for the revenue lost from tax cuts to the nation’s highest earners. And so it goes…

Written by stewart henderson

August 4, 2019 at 11:29 am

fish deaths in the lower Darling – interim report

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Jacinta: We wrote about this issue in a piece posted on February 11, so it’s time to follow up – an interim report came out on February 20, and a final report is due at the end of March, but my feeling is that the final report won’t differ much from this interim one.

Canto: Yes I get the feeling that these experts have largely known about the situation for a long time – unusual climatic conditions plus an increasing lack of water in the system, which would make the remaining water more susceptible to extremes of weather.

Jacinta: So here’s some of what they’re saying. There were three separate events; the first on December 15 involved tens of thousands of fish deaths over a 30km stretch of the Darling near Menindee, the second on Jan 6-7, over 45kms in the same area, involved hundreds of thousands of deaths, even millions according to some residents, and the third on Jan 28, with thousands of deaths. Likely effects on fish populations in the Darling will last for years.

Canto: And they warn that more deaths are likely to occur – though no major events have been reported since – due to low inflows and continued dry conditions in the catchment area. Monitoring has shown that there are problems of low dissolved oxygen and ‘high stratification’ at various points along the river. I presume ‘high stratification’ is self-explanatory, that the water isn’t mixing due to low flows?

Jacinta: Yes, but I think the issue is thermal stratification, where you have a warm surface layer sitting above a cooler, oxygen-depleted sub-surface layer. These are excellent conditions for algal blooms apparently. And the low flows are a natural feature of the Darling. It’s also very variable in flow, much more so than the Murray, due to its low relief, the more variable rainfall in the region, and the tributaries which create a large catchment area. I don’t know if that makes sense.

Canto: Neither do I. I note that they’ve been carefully critical of the NSW government’s ‘Barwon-Darling Water Sharing Plan 2012’, because between the draft and final implementation of the plan the number of high-flow Class C shares was reduced and the number of Class A (low flow) and Class B (medium flow) shares increased, which meant more extraction of water overall, and at lower flows. They recognise that there have been recent Federal moves to reverse this, but clearly they don’t consider them sufficient.

Jacinta: Yes and the problem goes back a way. They refer to an analysis from almost two decades ago:

The flow regime in the lower Darling has changed significantly since the completion of the Menindee Lakes storage scheme in 1968, and as a result of abstractions in the Barwon–Darling and its tributaries. It is estimated that the mean annual flow in the Darling River has been reduced by more than 40% as a result of abstractions in the Barwon–Darling (Gippel & Blackham, 2002). 

Presumably ‘abstractions’ means what I think it means – though elsewhere they use the term ‘extractions’ which is confusing.

Canto: We should point out the immense complexity of the system we’re dealing with, which we can see from detailed maps that accompany the report, not to mention a number of barely comprehensible charts and graphs. Anyway the effect of ‘water management’ on native vegetation has been dire in some regions. For example, reduced inundation of natural floodplains has affected the health of the river red gums, while other trees have been killed off by the creation of artificial lakes.

Jacinta: And returning to fish deaths, the report states that ‘the influence of upstream extractions on inflows to the Menindee Lakes is an important consideration when assessing the causes of fish deaths downstream’. What they point out is that the proportion of extractions is higher in times of lower inflow, which is intuitively obvious I suppose. And extractions during 2017-8 were proportionally the second highest on record. That’s in the Northern Basin, well above the Menindee Lakes.

Canto: And the extractions have been mainly out of the tributaries above the Barwon-Darling, not those principal rivers. Queenslanders!

Jacinta: No mention of Queenslanders, but let’s not get bogged down..

Canto: Easily done when there’s hardly any water…

Jacinta: Let’s go to the provisional findings and recommendations. There are 18 briefly stated findings in all, and 20 more expansive recommendations. The first two findings are about extreme weather/climatic conditions amplified by climate change, with the expectation that this will be a continuing and growing problem. Findings 3 and 4 focus on the combined effects of drought and development. There’s a lack of updated data to separate out the effects, but it’s estimated that pre-development inflows into the Menindee Lakes were two or three times what they are now. Further findings are that the impact of diversions of or extractions from flows are greater during dry years, that extractions from tributaries are more impactful than extractions from the Barwon-Darling Rivers.

Canto: The findings related directly to fish deaths – principally findings 10 through 15 – are most interesting, so I’ll try to explain. The Menindee Lakes experienced high inflows in 2012 and 2016, which caused greater connection through the river system and better conditions for fish spawning and ‘recruitment’ (I don’t know what that means). So, lots of new, young fish. Then came the bad 2017-8 period, and releases from the Menindee Lakes were less than the minimum recommended under the water sharing plan, ‘with the intent to prolong stock and domestic requests to meet critical human needs’. So by the end of 2018, the high fish biomass became trapped or restricted between weirs, unable to move upstream or downstream. As the water heated up, significant algal blooms developed in the areas where fish had accumulated. Thermal stratification also occurred, with hypoxic (low oxygen) or anoxic (no oxygen) conditions in the lower waters, and algal blooms proliferating in the surface waters, where the fish were forced to hang out. Then conditions suddenly changed, with lower air temperatures and stormy conditions causing a rapid destratification. The low oxygen water – presumably more voluminous than the oxygenated water – dominated the whole water column and the fish had no way out.

Jacinta: Yes, you can’t adapt to such sudden shifts. The final findings are about existing attempts at fish translocation and aerating water which are having some success, about stratification being an ongoing issue, and about lack of knowledge at this preliminary stage of the precise extent of the fish deaths.

Canto: So now to the 20 recommendations. They’re grouped under 3 headings; preventive and restorative measures (1-9), management arrangements (10-13), and knowledge and monitoring (14-20). The report noted a lack of recent systematic risk assessment for low oxygen, stratification and blackwater (semi-stagnant, vegetation-rich water that looks like black tea) in the areas where the fish deaths occurred. There was insufficient or zero monitoring of high-risk areas for stratification, etc, and insufficient planning to treat problems as they arose. Flow management strategies (really involving reduced extraction) need to be better applied to reduce problems in the lower Darling. Reducing barriers to fish movement should be considered, though this is functionally difficult. Apparently there’s a global movement in this direction to improve freshwater fish stocks. Short term measures such as aeration and translocation are also beneficial. Funding should be set aside for research on and implementation of ecosystem recovery – it’s not just the fish that are affected. Long-term resilience requires an understanding of interactions and movement throughout the entire basin. Fish are highly mobile and restriction is a major problem. A whole-of system approach is strongly recommended. This includes a dynamic ‘active event-based management’ approach, especially in the upper reaches and tributaries of the Barwon-Darling, where extraction has been governed by passive, long-term rules. Such reforms are in the pipeline but now need to be fast-tracked. For example, ‘quantifying the volumes of environmental water crossing the border from Queensland to NSW…. would increase transparency and would help the CEWH [Commonwealth Environmental Water Holdings] with their planning, as well as clear the path to move to active management in Queensland’.

Jacinta: Right, you’ve covered most of the issues, so I’ll finish up with monitoring, measuring and reporting. The report argues that reliable, up-to-date accounting of flows, volumes in storage, extractions and losses due to seepage and evaporation are essential to create and maintain public confidence in system management, and this is currently a problem. Of course this requires funding, and apparently the funding levels have dropped substantially over the past decade. The report cites former funding and investment through the Co-operative Research Centre, Land and Water Australia and the National Water Commission, but ‘by the early 2010s, all of these sources of funding had terminated and today aggregate levels of funding have reduced to early 1980s levels, at a time when water was far less of a public policy challenge than it is today’.

Canto: We await the government’s response to that one.

Jacinta: And on fisheries research in particular, it has been largely piecemeal except when their was a concerted co-ordinated effort under the Native Fish Strategy, but the issue right now is to know how many fish (and other organisms) of the various affected species survived the event, which involves multi-level analyses, combined with management of Basin water balances, taking into account the ongoing effects of weather events due to climate change, in order to foster and improve the growth and well-being of fish stocks and freshwater habitats in general. Connectivity of the system in particular is a major concern of the report.

Canto: Right, so this has been a bit of a journey into the unknown for us, but a worthwhile one. It suggests that governments have been a bit dozey at the wheel in recent years, that extractions, especially in the upper reaches and tributaries, haven’t been well monitored or policed, and the connectivity of the system has suffered due to extractions, droughts and climate change. Funding seems to have dried up as much as some of the rivers have, and we’ll have to wait and see if this becomes an election issue. I suspect it’ll only be a minor one.

Written by stewart henderson

March 17, 2019 at 12:01 pm

the battle for and against electric vehicles in Australia, among other things

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Toyota Camry hybrid – hybrids are way outselling pure EVs here, probably due to range anxiety and lack of infrastructure and other support

I’ve probably not been paying sufficient attention, but I’ve just learned that the Federal Energy minister, Josh Frydenberg, is advocating, against the naysayers, for government support to the EV industry. An article today (Jan 22) in The Australian has Frydenberg waxing lyrical about the future of EVs, as possibly being to the transport sector ‘what the iPhone has been to the communication sector’. It’s a battle the future-believers will obviously win. A spokesman for the naysayers, federal Liberal Party MP and AGW-denier Craig Kelly, was just on the gogglebox, mocking the idea of an EV plant in Elizabeth here in South Australia (the town I grew up in), sited in the recently abandoned GM Holden plant. His brilliantly incisive view was that since Holdens failed, a future EV plant was sure to fail too. In other words, Australians weren’t up to making cars, improving their practice, learning from international developments and so forth. Not exactly an Elon Musk attitude.

The electric vehicles for Elizabeth idea is being mooted by the British billionaire Sanjeev Gupta, the ‘man of steel’ with big ideas for Whyalla’s steelworks. Gupta has apparently become something of a specialist in corporates rescues, and he has plans for one of the biggest renewables plants in Australia – solar and storage – at Whyalla. His electric vehicle plans are obviously very preliminary at this stage.

Critics are arguing that EVs are no greener than conventional vehicles. Clearly their arguments are based on the dirty coal that currently produces most of the electricity in the Eastern states. Of course this is a problem, but of course there is a solution, which is gradually being implemented. Kiata wind farm in Western Victoria is one of many small-to medium-scale projects popping up in the Eastern states. Victoria’s Minister for Energy, Environment and Climate Change (an impressive mouthful) Lily D’Ambrosio says ‘we’re making Victoria the national leader in renewable energy’. Them’s fightin words to we South Aussies, but we’re not too worried, we’re way ahead at the moment. So clearly the EV revolution is going hand in hand with the renewable energy movement, and this will no doubt be reflected in infrastructure for charging EVs, sometimes assisted by governments, sometimes in spite of them.

Meanwhile, on the global scale, corporations are slowly shuffling onto the renewables bandwagon. Renew Economy has posted a press release from Bloomberg New Energy Finance, which shows that corporations signed a record volume of power purchase agreements (PPAs) for clean energy in 2017, with the USA shuffling fastest, in spite of, or more likely because of, Trump’s dumbfuckery. The cost-competitiveness of renewables is one of the principal reasons for the uptick, and it looks like 2018 will be another mini-boom year, in spite of obstacles such as reducing or disappearing subsidies, and import tariffs for solar PVs. Anyway, the press release is well worth a read, as it provides a neat sketch of where things are heading in the complex global renewables market.

Getting back to Australia and its sluggish EV market, the naysayers are touting a finding in the Green Vehicle Guide, a federal government website, which suggested that a Tesla powered by a coal-intensive grid emitted more greenhouse gas than a Toyota Corolla. All this is described in a recent SMH article, together with a 2016 report, commissioned by the government, which claimed that cars driven in the Eastern states have a “higher CO2 output than those emitted from the tailpipes of comparative petrol cars”. However, government spokespeople are now admitting that the grid’s emission intensity will continue to fall into the future, and that battery efficiency and EV performance are continuously improving – as is obvious. Still, there’s no sign of subsidies for EVs from this government, or of future penalties for diesel and petrol guzzlers. Meanwhile, the monstrous SUV has become the vehicle of choice for most Australians.

While there are many many honourable exceptions, and so many exciting clean green projects up and running or waiting in the wings, the bulk of Australians aren’t getting the urgency of climate change. CO2 levels are the highest they’ve been in 15 million years (or 3 million, depending on website), and the last two years’ published recordings at Mauna Loa (2015 and 2016) showed increases in atmospheric CO2 of 3PPM for each year, for the first time since recording began in 1960 (when it was under 1PPM). This rate of CO2 growth, apparently increasing – though with variations due largely to ENSO – is phenomenal. There’s always going to be a see-saw in the data, but it’s an ever-rising see-saw. The overall levels of atmospheric CO2 are now well above 400PPM. Climate Central describes these levels as ‘permanent’, as if humans and their effects will be around forever – how short-sighted we all are.

The relationship between atmospheric CO2 and global warming is fiendishly complex, and I’ll try, with no doubt limited success, to tackle it in future posts.

 

Mustn’t forget my update on Trump’s downfall: the Mueller team has very recently interviewed A-G Sessions, who’s been less than honest about his meetings with Russians. Nobody knows what Sessions was asked about in in his lengthy session (haha) with the inquirers, but he’s a key figure when it comes to obstruction of justice as well as conspiracy. Word now is that Trump himself will be questioned within weeks, which could be either the beginning of the end, or just the end. Dare to hope.

 

Written by stewart henderson

January 26, 2018 at 10:26 am

The battle for justice, part 1: some background to the case

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

not this movie, unfortunately

I rarely focus on myself on this blog, but now I feel I have to. Today I lost my job because of something that happened to me about 12 years ago. So the next I don’t know how many posts will be devoted to my battle for justice, in the hope that it may help others in a similar situation. Of course I also find that writing is my best solace, as well as my best weapon. I have no financial resources to speak of, all I have is a certain amount of nous.

Between 2003-4 and 2010 I was a foster carer, under the aegis of Anglicare. Over that period I fostered six boys, with naturally varying success.

So why did I become a foster carer? I simply saw an ad on a volunteering website. I was being pushed to do some work, which I’ve always been reluctant to do, being basically a reclusive bookworm who loves to read history, science, everything that helps to understand what humans are, where they came from, where they’re going. And I hate when work interferes with that! But having come from what for me was a rather toxic family background, trying to shut myself from screaming fights between parents, and being accused by my mother, the dominant parent, of being a sneak and a liar, and ‘just like your father’ (her worst insult), and being physically and mentally abused by both parents (though never sexually), and having run away from home regularly in my teen years, I imagined that, as a survivor, I could offer something which might work for at least some of these kids  – a hands-off, non-bullying environment which would be more equal in terms of power than many foster-care situations. Call me naive…

Mostly, this approach worked. I did have to get heavy now and then of course, but not for long, so I always managed to stay on good terms with my foster-kids, as I have more recently with my students. This was even the case with the lad who accused me of raping him.

Let me describe the case as briefly as possible. A fifteen-year old boy was in my care in September 2005. He was much more of a handful than the previous two boys I’d looked after, and when I lost my temper with him during a school holiday trip in Victor Harbour, he took it out on me by claiming to his mother, with whom he spent his weekends, that I’d punched him on the back of the head. This was false, but his mother took the matter to the police, and the boy was immediately taken out of my care.

After an internal review conducted by Anglicare I was cleared of any wrongdoing, to their satisfaction at least, and another boy was placed in my care. Then, sometime in early 2006, this boy was secretly whisked out of my care, and I was informed by Anglicare that a serious allegation had been made against me. I was in shock, naturally thinking this new boy had also accused me of some kind of violence, but I was finally informed by the Anglicare social worker who’d been overseeing my placements that ‘it isn’t your new foster – kid’. The penny dropped more or less immediately that it was the same boy who’d accused me of hitting him. This boy, as far as I was aware, was now living happily with his mum.

I was left in limbo for some time, but eventually I received a message from the police to go to the Port Adelaide police station. There I was asked to sit down in an office with two police officers, and informed that I was under arrest for rape.

I was somewhat taken aback haha, and I don’t recall much of the conversation after that, but I think it went on for a long time. I do remember one key question: if the boy’s lying, why would he make such an allegation? I had no answer: I was unable to think clearly, given the situation. But later that night, after my release on bail, an answer came to me, which might just be the right one. When the boy was in my care, the plan was to reconcile him with his mother, who put him in care in the first place because she couldn’t cope with him. I knew his mother, as I met her every weekend for handover. She was highly strung and nervous, and it seemed likely she was again having trouble coping with full-time care. Quite plausibly, she was threatening to return him to foster care, which he wouldn’t have wanted. She allowed him to smoke, she allowed him to hang out with his mates, and her environment was familiar to him. To him, I would’ve seemed boringly bookish and unadventurous. What’s more, his claim that I’d hit him had worked perfectly for him, getting him exactly where he wanted. Why not shut the door on foster care forever, by making the most extreme claim?

I don’t really know if this sounds preposterous to an impartial reader, but this answer to the riddle struck me as in keeping with what I knew of the boy’s thinking, and it was backed up by a remark he made to me, which soon came back to haunt me. He said ‘my mum’s friend told me that all foster carers are child molesters…’. It was the kind of offhand remark he’d often make, but it was particularly striking in light of something I was told later by my lawyer. Apparently, the boy didn’t tell his mother directly that I’d raped him, he’d told a friend of his mother, who’d then told her.

So, after the sleepless night following my arrest, I felt confident that I knew the answer to the key police question. I typed it up and took it forthwith to the Port Adelaide station (I didn’t trust the mail). How utterly naive of me to think they’d be grateful, or interested! I received no response.

So I obtained a lawyer through legal aid, or the Legal Services Commission. At the time I was dirt poor: I’d received a stipend as a foster carer, but that had stopped. Otherwise I worked occasionally as a community worker or English language teacher, mostly in a voluntary role. From the moment I was charged I spent many a sleepless night imagining my days in court, heroically representing myself of course, exposing contradictions and confabulations, citing my spotless record, my abhorrence of violence of all kinds, etc, etc. So I was a bit miffed when my lawyer told me to sit tight and do nothing, say nothing, and to leave everything to him. Standard procedure, presumably. The case passed from hearing to hearing (I don’t know if that’s the word – at least there were several court appearances), over a period of more than a year, and every time I expected it to be dismissed, since I knew there was no evidence. It had to be dismissed, there could be no other possibility. The only reason it had become a court matter in the first place, it seemed to me, was the absolute enormity of the allegation. But how could this possibly be justified? But I had to admit, the boy had, more or less accidentally, stumbled on the perfect crime to accuse me of – a crime committed months before, where there could be no visible evidence one way or another… It was all very nerve-wracking. And I was very annoyed at the fact that the DPP (the Office of the Director of Public Prosecutions) seemed to have different lawyers representing it at every court appearance, and mostly they behaved as if they’d only been handed the brief minutes before.

Finally I arrived at the lowest point so far – an arraignment. I didn’t know this (my last) appearance would be an arraignment and I didn’t know what that was. I just expected yet another appearance with a handful of yawning court officials and lawyers in attendance. Instead I found a packed courtroom.

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea.

In Australia, arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment. (WIKIPEDIA)

The reason the courtroom was packed is that several arraignments are processed in the same courtroom on the same day, so there were several accused there with their friends and families. Unfortunately, I was solo. On my turn, I was taken out to the holding cells and brought in – some kind of ceremonial – to the dock. The charge was read out (I’d already been given the ‘details’ by the lawyer, so I barely listened to it) and I was asked to plead, and the judge told the court, to my utter amazement, that I was adjudged to have a case to answer.

So it was perhaps even more amazing that, a week or two after that appearance, the case was dropped.

 


 

Written by stewart henderson

November 11, 2017 at 7:34 pm

an assortment of new technology palaver

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I like the inset pic – very useful for the Chinese

Western Australia lithium mining boom

I’m hearing, better late than never, that lithium carbonate from Western Australia is in big demand. The state already provides most of the world’s lithium for all those batteries used to run smart devices, electric vehicles, and large-scale storage batteries such as South Australia’s Tesla-Neoen thingy at Jamestown (now 80% complete, apparently). Emissions legislation around the world will only add to the demand, with the French and British governments planning to ban the sale of petrol and diesel vehicles by 2040, following similar plans by India and Norway, and the major investments in EVs in China. Australia’s government, of course, is at the other end of the spectrum re EVs, but I’ve no doubt we’ll get there eventually (we’ll have to!). Tesla, Volvo, Nissan, Renault, Volkswagen and Mercedes are all pushing more EVs into the marketplace. So now’s the time, according to Money Boffins Inc, to buy shares in lithium and other battery minerals (I’ve never bought a share in my life). This lithium mining boom has been quite sudden and surprising to many pundits. In January of this year, only one WA mine was producing lithium, but by mid-2018 there will be eight, according to this article. The battery explosion, so to speak, is bringing increased demand for other minerals too, including cobalt, nickel, vanadium and graphite. Australia’s well-positioned to take advantage. Having said that, the amount of lithium we’re talking about is a tiny fraction of what WA exports in iron ore annually, but it’s already proving to be a big boost to the WA economy, and a big provider of jobs.

battery recycling

Of course all of this also poses a problem, as mentioned in my last post, and it’s a problem that the renewable energy sector should be at least ideologically driven to deal with: waste and recycling. Considering the increasing importance of battery technology in our world, and considering the many toxic components of modern batteries, such as nickel, lead acid, cadmium and mercury, it’s yet another disappointment that there’s no national recycling scheme for non-rechargeable batteries. Currently only lead acid batteries can be recycled, and the rest usually end up in landfill or are sent to be recycled overseas. So it’s been left to the industry to develop an Australian Battery Recycling Initiative (ABRI), which has an interesting website where you can learn about global recycling and many other things batterial – including, of course, how to recycle your batteries. Also, an organisation called Clean Up Australia has a useful battery recycling factsheet, which, for my own educational purposes I’m going to recycle here, at least partly. Battery types can be divided into primary, or single-use, and secondary, or rechargeable. The primary batteries generally use zinc and manganese in converting chemical to electrical energy. Rechargeable batteries use a variety of materials, including nickel cadmium, nickel metal hydride and of course lithium ion chemistry. Batteries in general are the most hazardous of waste materials, but there are also environmental impacts from battery production (mining mostly) and distribution (transport and packaging). As mentioned, Australian batteries are sent overseas for recycling – ABRI and other groups are trying to set up local recycling facilities. Currently a whopping 97% of these totally recyclable battery units end up in landfill, and – another depressing factoid – Australia’s e-waste is growing at 3 times the rate of general household waste. So the public is advised to use rechargeable batteries wherever possible, and to take their spent batteries to a proper recycling service (a list is given on the fact sheet). The ABRI website provides a more comprehensive list of drop-of services.

2015 registrations: Australia’s bar would be barely visible on this chart

EVs in Australia – a very long way to go

I recently gave a very brief overview of the depressing electric vehicle situation in Australia. Thinking of buying one? Good luck with that. However, almost all motorists are much richer than I am, so there’s hope for them. They’re Australia’s early adopters of course, so they need all the encouragement we can give them. Journalist Timna Jacks has written an article for the Sydney Morning Herald recently, trying to explain why electric vehicles have hit a dead end in Australia. High import duties, a luxury car tax and a lack of subsidies and infrastructure for electric vehicles aren’t exactly helping the situation. The world’s most popular electric car, the Nissan Leaf, is much more expensive here than in Europe or the US. And so on. So it’s hardly surprising that only 0.1% of all cars sold in Australia in 2015 were electric cars (compared with 23% and rising in EV heaven, aka Norway, 1.4% in France and 0.7% in the US). Of course Australia’s landscape’s more or less the opposite of compact, dense and highly urbanised Europe, and range anxiety might be a perennial excuse here. We have such a long way to go. I expect we’ll have to wait until shame at being the world’s laughing-stock is enough of a motivation.

Adelaide’s Tindo

I’ve been vaguely aware of Adelaide’s ‘green bus’ for some years but, mea culpa, haven’t informed myself in any depth up until now. The bus is called Tindo, which is a Kaurna aboriginal word meaning the sun. Apparently it’s the world’s first and only completely solar powered electric bus, which is quite amazing. The bus has no solar panels itself, but is charged from the solar panels at the Franklin Street bus station in the city centre. It’s been running for over four years now and I’m planning to take a trip on it in the very near future. I was going to say that it’ll be the first time I’ve been on a completely electric vehicle with no internal combustion engine but I was forgetting that I take tram trips almost every day. Silly me. Still, to take a trip on a bus with no noisy engine and no exhaust fumes will be a bit of a thrill for me. Presumably there will be no gear system either, and of course it’ll have regenerative braking – I’m still getting my head around this stuff – so the ride will be much less jerky than usual.

So here are some of the ‘specs’ I’ve learned about Tindo. It has a range of over 200 kilometres (and presumably this is assisted by the fact that its route is fixed and totally urban, so the regen braking system will be charging it up regularly). It uses 11 Swiss-made Zebra battery modules which are based on sodium nickel chloride, a type of molten salt technology. They have higher energy density, they’re lightweight and virtually maintenance free. According to the City of Adelaide website the solar PV system on the roof of the bus station is (or was – the website is annoyingly undated) ‘Adelaide’s largest grid-connected system, generating almost 70,000 kWh of electricity a year’. No connection to the ‘carbon-intensive South Australian electricity grid’ is another plus, though to be fair our grid is far less carbon intensive than Victoria’s which is almost all brown coal. South Australia’s grid runs on around half gas and half renewables, mostly wind. The regen braking, I must remind myself, means that when decelerating the bus uses no energy at all, and the motor electronically converts into an electrical generator, which generates electricity with the continued forward motion of the bus. There are many more specs and other bits of info on this Tindo factsheet.